What is the Priority Mail Express® procedure for filing correspondence with the USPTO?
The Priority Mail Express® procedure allows applicants to obtain a filing date based on the date of deposit with the United States Postal Service (USPS), rather than the date of receipt at the USPTO. This is authorized by 35 U.S.C. 21(a) and governed by 37 CFR 1.10. To use this procedure, applicants must: Use the…
Read MoreHow do the filing date requirements differ for applications filed before December 18, 2013?
The filing date requirements for applications filed before December 18, 2013, were more stringent compared to those filed after this date due to the implementation of the Patent Law Treaties Implementation Act (PLTIA). The MPEP states: For applications filed under pre-PLT (AIA) 35 U.S.C. 111 prior to December 18, 2013, a filing date is assigned…
Read MoreWhat are the filing date requirements for patent applications filed on or after December 18, 2013?
For nonprovisional applications (except design applications) filed on or after December 18, 2013, the filing date is the date on which a specification, with or without claims, is received in the Office. This change was implemented as a result of the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP states: Except for design…
Read MoreHow is the priority period calculated for U.S. nonprovisional applications?
The priority period for U.S. nonprovisional applications is calculated as follows: The first day (filing date of the foreign application) is not counted. The period ends on the same date of the following year (or six months later for design applications). If the last day falls on a weekend or federal holiday, the period extends…
Read MoreWhat is an incomplete patent application?
An incomplete patent application is one that is not entitled to a filing date because it lacks some of the essential parts required by the United States Patent and Trademark Office (USPTO). As stated in MPEP 203.06: An application that is not entitled to a filing date (e.g., for lacking some of the essential parts)…
Read MoreWhat is a pre-AIA 37 CFR 1.47 application?
A pre-AIA 37 CFR 1.47 application is a patent application filed before September 16, 2012, where not all inventors have signed the application. This provision allows for the filing of a patent application when an inventor cannot be reached or refuses to sign. According to the MPEP, A filing date is assigned to an application…
Read MoreHow should unpublished U.S. patent applications be cited in an Information Disclosure Statement?
When citing unpublished U.S. patent applications in an Information Disclosure Statement (IDS), you must include: The U.S. patent application publication number The applicant The filing date If available, the U.S. patent application publication date The patent application number The MPEP 609.04(a) states: Each U.S. application listed in an information disclosure statement must be identified by…
Read MoreHow can an applicant claim the benefit of an international application’s filing date?
To claim the benefit of an international application’s filing date, the following conditions must be met according to MPEP 211.01(c): The international application must designate the United States The international application must be entitled to a filing date in accordance with PCT Article 11 The later-filed application must be filed during the pendency of the…
Read MoreWhat constitutes a complete patent application for filing date purposes?
A complete patent application for filing date purposes must include: A specification containing a description as per 37 CFR 1.71 At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75 Any drawings required by 37 CFR 1.81(a) As stated in the MPEP: “The filing date of the provisional or nonprovisional application…
Read MoreWhat conditions must be met for an international design application to be used as a basis for benefit claims?
For an international design application to be used as a basis for benefit claims, it must meet certain conditions. The MPEP specifies: To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance with 37 CFR…
Read More